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EU Law I: List of Case Law

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List of Case Law
Case Content Outcome
Cassis de Dijon case
Cilfit Case (1982) Whether tarrifs imposed on textile manufacturer in breach of Regulation National courts need not refer to the ECJ if the question of EC law is so obvious to allow of only one reasonable interpretation, or if it has already been decided, or if the answer is irrelevant to the outcome
Costa ENEL Whether a utility company was properly constituted according to EC law According to ECJ, national courts much give priority to EC law, even when it is in clear conflict with a fundamental principle of national law
Francovich (1991) Whether non-implementation of Directive on protection of employees upon employer's insolvency gave rise to cause of action Yes, and damages is the appropriate remedy
Köbler Whether (and under what conditions) the state can be hold liable if the highest national court infringed EC law Yes, state can be held liable under certain conditions
Plaumann (1962) Whether individual could use Art. 230 EC procedure against Regulation which had the potential to cause loss Maybe; but there was no need in this case -- the legislation could be read down.
Rutili (1975)
Recovery of indirect taxes
Stauder (1969) Whether EC legislation could be set aside as being an affront to human dignity No, 'individual concern' was limited to measures which applied to an individual because of some unique feature or circumstance
Tobacco advertising
Van Duyn (1974) Whether UK government could prevent entry of worker on political grounds Individual could rely on Directive against the state -- there was implied Vertical Direct Effect
Van Gend en Loos (1963) Whether private company could rely on EC law on abolition of customs tarrifs Treaty provisions have Direct Effect if certain conditions are met

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